1993-14 Amending Title 16 Subdivisions by Adding Chapter 16.35 Commercial Tracts.WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Section 1:
Section 2:
KODIAK ISLAND BOROUGH
ORDINANCE NO. 93 -14
n
Introduced by: Mayor Selby
Requested by: Planning and
Zoning Commission
Drafted by: Community
Development Department
Introduced: 02/18/93
Public Hearing: 03/18/93
Amended: 03/18/93
Adopted: 03/18/93
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE TITLE 16
SUBDIVISIONS BY ADDING CHAPTER 16.35 COMMERCIAL TRACTS
the financing and construction of a large scale shopping mall project may
become difficult unless financing institutions can be provided with
separate security for the development on each phase of the project; and
the current provisions of the Uniform Building Code may require a four
hour fire wall between the boundaries of individual lots created under the
current provisions of the subdivision code, which requirement is
conceptually inconsistent with the development of a shopping mall; and
the Kodiak Island Borough Planning and Zoning Commission held several
public hearings to consider amending Kodiak Island Borough Code TITLE
16 SUBDIVISIONS to allow for commercial tract platting for phased large
scale commercial developments; and
the Kodiak Island Borough Planning and Zoning Commission has
recommended that the Kodiak Island Borough Assembly adopt the
proposed amendment to Title 16;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
This ordinance is of a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
TITLE 16 SUBn!VIC1nNC is hereby amended 1.., ,...ding nom__.__
. � .. � . .. hereby �,,,,c„nci by adding VIIOIJICI 'I 6.35.
Kodiak Island Borough, Alaska Ordinance No. 93-14
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Sections:
Chapter 16.35
COMMERCIAL TRACTS
16.35.010 Intent
16.35.020 Information and Design Requirements
16.35.030 Action
16.35.040 Approval Criteria
16.35.050 Division of the Commercial Tract
16.35.060 Construction of Improvements
16.35.070 Amendments
16.35.010 Intent. A commercial tract may be created and divided into fragment lots
in order to facilitate financing or construction of commercial developments requiring
multiple phases of construction. Designation of commercial tracts shall be allowed
only for buildings constructed under the shopping mall provisions of the Uniform
Building Code in the RB- Retail Business, B- Business, LI -Light Industrial or I- Industrial
zoning districts.
16.35.020 Information and Design Requirements. An application for the approval of
a commercial tract shall be made to the community development director. The
community development director shall review the commercial tract application for
completeness within five working days of receipt. If the commercial tract application
does not meet the submission requirements, the community development director
shall notify the landowner and surveyor in writing stating the additional information
required. The application shall contain the following:
A. Ten copies of a proposed commercial tract site plan drawn to a
scale specified in section 16.50.020.0 showing proposed building footprints, parking
areas, landscaping, driveway access to the property, site drainage and any fragment
lots to be contained within the commercial tract;
B. Any proposed declarations, covenants and restrictions to be
binding on the property designated as a commercial tract; and,
C. All of the requirements for a preliminary plat application contained
in sections 16.40.020 16.40.040.
16.35.030 Action. A. If the application and submittal requirements have been met
within five (5) working days after the deadline established for the planning and zoning
commission agenda, the community development director shall accept the commercial
tract application for review by the commission at the next regular meeting.
B. Accepted commercial tract applications shall be sent to official
review agencies established by the commission for review and comment. Comments
from the review agencies must be submitted in writing and received by the community
Kodiak Island Borough, Alaska Ordinance No. 93 -14
Page 2 of 4
9
development director nine (9) working days prior to the commission meeting at which
the commercial tract application will be considered.
C. The engineering /facilities director and community development
director shall make recommendations and comments in writing to the commission no
later than six (6) working days prior to the commission meeting at which the
commercial tract application will be considered.
D. The commission shall approve or disapprove a commercial tract
application sixty (60) days after it is filed or shall return it to the applicant for
modification or correction, unless the applicant for commercial tract approval consents
to an extension of time. The commission shall adopt specific findings of fact and
reasons for its action on the commercial tract application. The applicant shall be
notified in writing of the action and findings of the commission within five (5) working
days.
E. The approval of a commercial tract application shall be effective
for a period of twenty -four (24) months from the date of approval, not withstanding
the provisions of any subsequent change in Title 16 Subdivisions and Title 17 Zoning.
After this time the commercial tract approval shall become null and void unless an
extension of time is granted, at the request of the applicant, by the commission prior
to the expiration of the approval. A time extension will not be granted if a reevaluation
of the approved commercial tract site plan indicates that conditions have changed
substantially since the time when the commercial tract site plan was originally
approved.
F.
application by the
appeal is brought
G.
commercial tract
chapter 16.50 of
All decisions as to the approval or denial of the commercial tract
commission shall be final unless a request for reconsideration or an
pursuant to chapter 16.90.
The requirements for completion and recording of the final
site plan are the same as the final plat requirements set forth in
this title.
16.35.040 Approval Criteria. The commercial tract site plan shall meet the following
minimum requirements.
A. Any fragment lot created shall contain the minimum area, width
and depth otherwise required for lots in the zoning district in which the fragment lot
is located.
B. The fragment lots must meet all lot design criteria of section
16.40.050.
16.35.050 Division of the Commercial Tract. The owner of a commercial tract may
divide the tract into fragment lots provided that such division is not inconsistent with
the approved commercial tract site plan and recorded declarations, covenants and
restrictions applicable to the commercial tract. Any property description used to
divide an area of the commercial tract into a fragment lot shall not be considered a lot
or tract under the terms of this title or title 15 of this code but shall be otherwise a
lawful lot or tract.
Kodiak Island Borough, Alaska Ordinance No. 93 -14
Page 3 of 4
ATTEST:
onna F. Smith, Borough Clerk
16.35.060 Construction of Improvements. It shall be unlawful for any person to
construct, erect or maintain any structure, building, fence or improvement, including
landscaping, parking and other facilities on property designated as a commercial tract
unless such improvements are constructed or reconstructed in a manner consistent
with the approved commercial tract site plan.
16.35.070 Amendments. Any amendment or alteration of an approved commercial
tract site plan shall be made only upon approval of the community development
director as provided in chapter 16.30. The boundaries of an approved commercial
tract may be amended or altered only upon application to and prior approval by the
commission in accordance with section 16.40.010- 16.50.080 of this code.
ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY
THIS 18th OF MARCH, 1993
KODIAK ISLAND BOROUGH
Kodiak Island Borough, Alaska Ordinance No. 93 -14
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